YOUNG VOICES AT THE BALLOT BOX

LOWERING THE VOTING AGE FOR LOCAL ELECTIONS IN 2017 AND BEYOND

A White Paper from Generation Citizen (Version 2.0 – Jan. 2017) CONTENTS

03 Executive Summary 04 Why Should We Lower the Voting Age to 16? 08 Myths About Lowering the Voting Age 09 Current Landscape in the United States 11 Current Landscape Internationally 12 Legal Feasibility in the United States 13 Next Steps to Advance this Cause 16 Conclusion 17 Appendix A: Countries with Voting Age Less than 18 18 Appendix B: Legal Feasibility Study 32 Appendix C: Organizations and Stakeholders Supporting this Effort 33 Appendix D: Youth Advisory Board 34 Endnotes

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age EXECUTIVE SUMMARY

Most would agree that American democracy needs a Vote16USA’s launch, including the New York Times, Wall shot in the arm. Around 60 percent of eligible citizens Street Journal, Vox, and Rolling Stone. Most importantly, usually vote for president, fewer than 25 percent vote in the issue was put before voters for the first time as ballot most Mayoral elections, and public trust in government measures in San Francisco and Berkeley, California. is at an historic low. In Berkeley, 70 percent of voters voted yes to extend voting rights to 16- and 17-year-olds for the city’s school board elections. The goal in San Francisco was WE NEED BOLD, INNOVATIVE more ambitious – lowering the voting age to 16 for all municipal elections. An early poll in April pegged SOLUTIONS TO SPARK the measure at 36 percent support, well below the PARTICIPATION IN POLITICS 50 percent threshold needed to pass. Typically, ballot measures that pass begin with approximately 60%, to AND ENSURE THAT ELECTED hold the inevitable backlash.

OFFICIALS HONESTLY Over the next several months, however, youth leaders REPRESENT THE INTERESTS significantly swayed public opinion with a message focused on increasing voter turnout in the long run by OF THEIR CONSTITUENTS. ONE building habitual voters at a young age. Nearly every POSSIBILITY, WHICH HAS BEEN elected official in the city supported the campaign, and in November it ultimately earned over 172,000 votes to GAINING MOMENTUM AND finish just two percent shy of passing. DESERVES A PROMINENT PLACE The youth-led ballot measure campaigns in Berkeley IN THE ‘SOLUTION BANK,’ IS and San Francisco prove that lowering the local voting EXTENDING VOTING RIGHTS TO age is a viable policy solution that the public is ready to consider. These measures provide us a playbook for 16- AND 17-YEAR-OLDS IN LOCAL how to approach future campaigns in cities around the ELECTIONS. country. There is now more interest in this policy than ever, from youth, voters and state and local elected officials around the country.

Youth activists and local elected officials have pursued The landscape around lowering the voting age has this idea in a number of cities for over a decade. changed dramatically since the 2015 publication of Takoma Park, Maryland broke through in 2013 as the Vote16USA’s first white paper, “Young Voices at the Ballot first American city to allow 16-year-olds to vote in local Box,” necessitating this update. This paper presents elections, and its neighbor Hyattsville followed suit in the same core research and arguments with updates to 2015. At the end of 2015, Generation Citizen launched reflect the past year’s progress. The paper also lays out the Vote16USA campaign to help support local efforts updated, concrete next steps to advance the cause, and and promote the idea nationally, hoping to serve as includes an updated legal feasibility study. a clearinghouse for those interested in, and already working on, the issue.

In the 14 months since, despite the initial skepticism that many demonstrate over the idea, lowering the voting age has been solidified as a serious policy proposal worthy of mainstream consideration. More than 75 media outlets have covered the issue since

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 3 WHY SHOULD WE LOWER THE VOTING AGE TO 16?

Often, at first glance, the idea of lowering the voting age focus more attention on effective civics education. to 16 provokes skepticism from the public. Why should When students are able to vote in local elections before we lower the voting age if so many 18-year-olds do not leaving high school, it becomes harder for districts to even vote in the first place? And aren’t 16-year- olds just ignore this crucial discipline. The high school classroom kids? is the ideal place to teach and engage young people about important local issues, and lowering the voting A longer glance reveals that extending voting rights age can inspire schools to take advantage of this to 16- and 17-year-olds in local elections is an opportunity. opportune and strategic way to strengthen our overall democracy. While further evaluation is needed to more This held true in San Francisco in 2016. The Board of comprehensively determine the potential effects of Education voted unanimously to endorse the Vote16SF lowering the voting age, research does exist, from this campaign, and simultaneously passed a resolution that country and others, to suggest that lowering the voting committed to bolstering the district’s civic education age can improve voter participation and overall civic curriculum to ensure 16- and 17-year-olds would be engagement, while the potential downsides are minimal. ready to approach the ballot if Prop F passed.

As we call for lowering the voting age in local elections, REASON #1: WE NEED TO significant initiatives (including funding for civic learning ENCOURAGE EFFECTIVE AND in the Elementary and Secondary Education Act and RELEVANT CIVIC LEARNING state mandates for a civics education class) are simultaneously underway to strengthen civics education Lowering the voting age on the local level can drive nationwide. These efforts naturally go hand in hand demand for effective civics education in schools, with the push to lower the voting age, and in tandem reviving a discipline that has been pushed to the side they have the potential to create a virtuous cycle that as schools focus on achieving accountability metrics in dramatically boosts civic engagement. Lowering the other subjects. voting age can catalyze demand for stronger civics education, which even further cultivates an engaged Enfranchising 16- and 17-year-olds, even in a limited and active citizenry. capacity, has the power to invigorate civics education in high schools. In all subjects, students learn best Research shows that people who attend high schools when the material presented is relevant to their lives. with a strong culture of civic engagement have higher But, for many students, it can be difficult to feel a turnout rates in their 30’s, regardless of their individual 2 connection between the political process described in opinions on the importance of voting. Expanding voting textbooks and the issues that affect them every day. to 16- and 17-year-olds can inspire both students and Civics class risks falling short by teaching young people schools to renew their focus on civics, creating the how government works without any ability to actually potential for long- lasting, positive societal impact. participate in it. This disconnect may provide one of the reasons that Americans struggle at understanding how REASON #2: WE NEED TO MAKE our government works. For example, only approximately one third of American adults can name the three VOTING A HABIT branches of government, and a third can’t even name Government performs best with strong participation a single branch.1 Letting 16- and 17-year-olds vote will from the public, and the best way citizens can bring much-needed relevance to civics classes, which participate in government is by voting. Lowering the can help address this lack of civic knowledge amongst voting age can lead to a long-term increase in voter the public. turnout, bringing more citizens in touch with their In addition to motivating students to engage with civics government and pushing the government to better serve classes, lowering the voting age can lead schools to its people. Increased turnout is especially important in local elections, where turnout has been plummeting in

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 4 WHY SHOULD WE LOWER THE VOTING AGE TO 16?

recent years and some cities are struggling to get even Furthermore, research indicates that voting in one 20 percent of voters to the polls.3 election can increase the probability that a person will vote in the next election by over 50 percent, and First and foremost, voting is a habit—a path-dependent shows that early voting experiences are an important process—and a person’s first election is critical to determinant of future voting behavior.8 Young people 4 establishing that habit. Evidence from Takoma Park, start forming voting habits when they reach the voting Maryland, and European countries that have lowered age and confront their first election. the voting age supports the argument that the age of 16 is a better time to start the habit of voting than 18. While some Americans vote in the first election they are eligible for and become habitual voters, the majority In Takoma Park, the turnout rate for 16- and 17-year- of the electorate does not vote upon initial eligibility. olds exceeded any other demographic in the city’s 2013 Statistically, these individuals become habitual 5 elections. Evidence from Europe is also favorable. nonvoters for at least the next few elections, until they Austria lowered its voting age to 16 for all of the pick up the habit later in life. This helps explains why country’s elections in 2008, and turnout among 16- turnout for voters younger than 30 is worse than for any and 17-year-olds has been higher than for older first other age group. time voters.6 In the 2011 local elections in Norway, 21 municipalities used a voting age of 16 as a trial, and 16- Importantly, the overall voter turnout rate has dropped and 17-year- old turnout was much higher than turnout since the national voting age was lowered to 18 in among regular first-time voters (aged 18-21).7 1971, through a constitutional amendment that was passed to align the voting age with the age for

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 5 WHY SHOULD WE LOWER THE VOTING AGE TO 16?

military service. The drop in turnout is not necessarily brand-new networks 18-year-olds join after they leave because people younger than 21 are less inclined to the parental nest. vote, but rather, because 18- and 19-year-olds are at a traditionally unstable point in life. According to the As researchers from Denmark conclude, “Today when Center for Information and Research on Civic Learning voters become eligible at 18 years of age, most young & Engagement (CIRCLE), the main reason why young voters have had none or few participatory opportunities people claim they do not vote is because they are too before leaving home. A younger voting age would busy.9 At the age of 18, this “busy” quotient, may be the create more opportunities for acquiring the habit 10 highest, as people are adjusting to new responsibilities of voting before leaving home.” Helping 16- and for the first time and may also struggle to determine the 17-year-olds establish this important habit is a key logistics of voting in a new location, without guidance step to increasing long-term voter turnout, and thus from family or educators. creating a more effective and accountable government. Lowering the voting age has shown to be effective at It is clear that since most 18-year-olds are in the increasing turnout among first-time voters, and research midst of major life transitions, this age is a particularly demonstrates that once someone casts their first ballot problematic time to establish the habit of voting. they are likely to continue the habit of voting for years to Sixteen-year-olds, however, are in a much better position come. Lowering the voting age can effectively help young to confront their first elections. people create the habit of voting, increasing overall turnout in the long run. Lowering the voting age to 16 for local elections would ensure that each new voter experiences at least one election while in high school (assuming two year election REASON #3: SIXTEEN- AND 17- cycles in each locality). This allows them to establish YEAR- OLDS HAVE A STAKE IN THE the habit of voting in a stable environment. Sixteen- and GAME, AND POLITICIANS MUST PAY 17-year-olds can absorb their parents’ beliefs that voting is important, and schools can help students understand ATTENTION TO THEM the logistics and establish voting as an accepted norm. Youth are affected by local political issues, including If a person casts a ballot in the first election they are education funding, school board decisions, employment eligible for at age 16 or 17, it is statistically more likely initiatives, police programs, and public works projects. that they will continue to participate in subsequent They work without limits on hours and pay taxes on their elections. The resulting higher turnout can lead to a income, can drive in most states, and in some cases, more representative and higher performing government. are tried in adult courts. Fifty-eight percent of youth Research also shows that political participation is a participate in volunteer activities, and many 16- and social act, and citizens’ social circles heavily influence 17-year olds have been living in their communities for 11 turnout. Social networks based on high schools and years and feel a deep connection to local issues. They family life are more likely to encourage voting than the deserve the right to vote on issues that affect them on the local level.

AGE 16 IS A BETTER TIME TO START THE HABIT OF VOTING THAN AGE 18

*16- and 17-year-old data is for the 20 municipalities that lowered the voting age as a trial. 18-21 year-old data is for all municipalities in Norway. **Although Austria lowered the voting age nationally, it is difficult to get reliable data on national turnout on age group due to data privacy laws. Data presented here, from regional elections, come from official electoral lists. See Zeglovits amnd Aichholzer, 2014.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 6 WHY SHOULD WE LOWER THE VOTING AGE TO 16?

The most reliable way for ordinary citizens to influence It is important to note that this study did show that the government is through their votes, but those under adolescents under the age of 16 seem to have less 18 are excluded from the electorate. Allowing 16- and political acumen. Sixteen seems to be the specific age to 17-year-olds to vote in municipal elections would force which lowering the voting age makes sense according to local politicians to listen to their voices and address their political acumen. their concerns. Additionally, a study on the quality of vote choices among Austrian 16- and 17-year-olds concluded that 16- REASON #4: SIXTEEN- AND 17-YEAR- and 17-year-olds’ vote choices reflected their political OLDS ARE READY TO VOTE preferences just as well as older voters’ choices.13 This evidence strongly indicates that 16- and 17-year-olds are Furthermore, research shows that 16- and 17-year-olds as ready to vote as 18-year olds, and denying them that are equivalent to 18-year-olds in their capacities to right is an arbitrary policy. function as citizens and vote responsibly. On average, 16-year-olds possess the same level of civic knowledge as older young adults, and they also demonstrate WHY SIXTEEN? equal levels of self-reported political skill and political As efforts to lower the voting age in the U.S. have efficacy. This does not mean that 16-year-olds have emerged in the past few years, most individuals and the same political acumen as 30- or 40-year-olds. But groups involved have advocated for lowering the age to they do statistically have the same knowledge and 16. Some groups have targeted the age of 17, while a skills as 21-year-olds.12 Therefore, it seems that they few commentators have argued for even lower ages, like have the knowledge and acumen necessary to vote. 12. Additionally, their voting choices on the aggregate were not substantially different from young adults. Takoma Park and Hyattsville successfully lowered their municipal voting ages to 16, and the efforts in San Research also demonstrates that 16- and 17-year- olds Francisco and Berkeley were also focused on the age are both neurologically and socially mature enough to 16. The unsuccessful effort in Lowell, Massachusetts vote. Not only do they have requisite civic knowledge targeted 17, largely because organizers thought it was a and skills, but they have the mental reasoning ability more winnable proposition than 16. necessary to make informed choices. As these efforts continue to grow and expand into a cohesive movement, it is important that relevant stakeholders utilize the same specific goal of lowering 16- AND 17-YEAR- OLDS ARE BOTH the voting age to 16 for municipal elections. Turning 16 NEUROLOGICALLY AND SOCIALLY is a significant milestone in our society; sixteen-year-olds can drive in most states, work and pay taxes on their MATURE ENOUGH TO VOTE. NOT income, and potentially be tried as an adult in court. ONLY DO THEY HAVE REQUISITE Lowering the voting age to 16 also ensures that every high school student experiences one election before CIVIC KNOWLEDGE AND SKILLS, graduating (assuming two year cycles). Lastly, research BUT THEY HAVE THE MENTAL shows there is a difference between 16-year-olds and younger teenagers when it comes to abilities. REASONING ABILITY NECESSARY TO MAKE INFORMED CHOICES.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 7 MYTHS ABOUT LOWERING THE VOTING AGE

Like any new, bold idea, lowering the voting age faces an It is also important to emphasize that these efforts are array of counterarguments, and these deserve adequate to lower only the voting age to 16. All other legal age consideration. Ultimately, most counterarguments come limits should be set in accordance to what is best for down to claims surrounding the maturity and ability of each individual issue. Our country has set the driving 16- and 17-year olds. Youth is a nebulous concept, and, age, in most states, at 16, and the drinking age at 21. in reality, legal age-based distinctions in our society For this specific issue, the voting age should be 16. are arbitrary and based on what is deemed best for society at large, as judged at a certain point in time. Lowering the voting age to 16 is in the best interests MYTH #3: LOWERING THE VOTING of our democracy, and arguments against doing so AGE IS A PROGRESSIVE POWER are only myths. Some of the most relevant specific GRAB counterarguments are addressed as follows: The perception that young voters favor Democrats is often overstated—in a 2014 Pew survey, 50 percent MYTH #1: 16-YEAR-OLDS ARE NOT of millennials self-identified as political independents, MATURE ENOUGH TO VOTE 17 and longitudinal polling data on political ideology shows that millennials are trending conservatively. This gut reaction is misguided. It is true that research 18 Accordingly, many political strategists believe the exists showing 16-year-olds’ brains are still developing millennial generation is up for grabs. and they do not perform as well as older adults in impulse-driven situations in which emotions run high. Moreover, the effort to lower the voting age transcends However, the decision-making process for voting does party lines. The main goal of the effort is to invigorate not fall into this impulse-driven category. Rather, it our democracy by fostering active and engaged citizens. depends on “cold cognition,” a thought out decision- A more lively political discourse— in classrooms and making process in which 16-year-olds perform just as in the broader public sphere—can stimulate ideas well as adults.14 Research shows that 16-year-olds are from across the political spectrum. The effort to lower indeed ready to vote.15 We need to work to get past this the voting age is based on increasing participation in initial gut reaction, especially since an initial, negative democracy, not promoting any one ideology. response usually does not even begin to consider how lowering the voting age can improve our democracy as a whole. MYTH #4: SIXTEEN- AND 17-YEAR- OLDS WILL COPY THEIR PARENTS’ MYTH #2: SIXTEEN-YEAR-OLDS VOTE AREN’T REALLY ADULTS Data from the 2014 Scottish independence referendum suggests this claim is untrue. A survey conducted prior Sixteen-year-olds play an important role in our society, to the referendum found that over 40 percent of young and the age has special significance in our culture. people had different voting intentions than a parent Sixteen-year-olds can drive in most states, work without interviewed.19 This claim will need to be studied more in any restriction on hours, pay taxes, and in some cases the United States, but given the data on youth political be tried for crimes as adults. Also, high school students preferences, it seems that young people demonstrate volunteer at twice the rate of adults, which shows a and express political beliefs independent from those of commitment to their communities that is deserving of their parents. a vote in local elections.16 The legal definition linking adulthood to the age of 18 should not affect voter eligibility.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 8 CURRENT LANDSCAPE IN THE UNITED STATES

SUCCESSFUL IMPLEMENTATION RECENT AND ONGOING CAMPAIGNS I. Takoma Park and Hyattsville, MD I. San Francisco Takoma Park became the first American cities to extend In 2016, San Francisco made history as the first city in voting rights to 16- and 17-year-olds for local elections the United States to put the question of lowering the in 2013 and 2015, respectively. Both cities are suburbs voting age for all elections before voters as a ballot of Washington, D.C. with populations around 18,000. measure. More than 172,000 citizens voted in favor of Maryland’s legal structure made it relatively simple for the proposal, which finished just two percentage points the cities to lower the voting age—the city councils only shy of passing, a tremendous achievement for a youth- needed to vote in favor of a charter amendment and led campaign on the ballot for the first time. they could implement the change. In Takoma Park, the proposal was passed in the context of a larger effort to The effort began in 2014, when high school students in expand voting rights through several reforms, including the city were struck by the fact that they and their peers same-day voter registration. In Hyattsville, the reform were significantly impacted by local elections but had no passed as a standalone measure. One council member voice in the process. Youth leaders brought a proposal proposed the idea, and a grassroots effort convinced to lower the local voting age to the San Francisco other members of the proposal’s merits. The Maryland- Youth Commission, where the Vote16SF campaign was based organization FairVote, which studies and born. In less than two years, students working on the promotes a number of election reforms, supported the campaign earned the support of nearly every elected efforts in both cities. official and political club in the city. The Board of Education unanimously endorsed the proposal, and the In Takoma Park’s 2013 elections, the first after the Board of Supervisors voted 9-2 to put it on the ballot at change, 44 percent of registered 16- and 17-year-olds the November 2016 election. voted, the highest rate among any age group.20 For a more detailed examination of how these cities lowered Initial polling showed just 36% of voters would support the local voting age and what the initial effects have the measure, but youth pressed forward, and earned been, see Vote16USA’s report: “Lowering the Voting Age 48% of the vote after months of campaigning. This for Local Elections in Takoma Park and Hyattsville: A dramatic increase demonstrates that public education Case Study.” efforts can substantially shift public opinion on the issue, especially when young voices are at the center. This campaign proves that lowering the voting age on the local level is a viable policy idea that voters are "IN A PLACE WHERE YOU ALREADY ready to seriously consider. Campaign leaders expect to bring the issue back to the ballot and win in 2018 or FELT SO CONNECTED TO THE CITY, 2020. IT MADE YOU FEEL THAT MUCH For more on the historic San Francisco campaign and its MORE CONNECTED TO POLITICAL keys to success, see Vote16USA’s case study report.

CANDIDATES. LOWERING THE II. Berkeley VOTING AGE AND SHOWING YOUNG Berkeley, CA joined its neighbor San Francisco in making history in 2016. Youth leaders in the city successfully PEOPLE THAT THEIR VOTE COUNTS advocated for a ballot measure that would lower the IS THE FIRST STEP IN SHOWING voting age for school board elections in Berkeley to 16. The city council voted to put the measure on the ballot, YOUNG PEOPLE THAT THEY HAVE and it passed with an overwhelming 70 percent of the TO BE INVOLVED." vote. The city council still must vote to implement the change, and is expected to do so in early 2017. This is – Amaliz Perez, Takoma Park an historic success that again proves voters are ready to give 16-year-olds the right to participate in local elections.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 9 CURRENT LANDSCAPE IN THE UNITED STATES

III. Washington, D.C. II. Cambridge, MA In 2015, a city council member introduced the Youth High school students in Cambridge led an initiative to Vote Amendment Act of 2015, which would extend lower the voting age to 17 for municipal elections in voting rights to 16- and 17-year-olds for all D.C. 2002. Per Massachusetts law, the city council had to elections. The legislation gained multiple co-sponsors vote to send a home rule petition to the state legislature. but did not advance beyond committee. The legislation The council voted in favor of the initiative 8-1, but the will be reintroduced in 2017. It only needs a majority petition did not advance at the State House. The council city council vote to become law – no referendum continued to express its support in subsequent years, is required. Local youth-serving organizations are and once sent a petition to the state seeking to lower organizing students to lead advocacy efforts, following the voting age for only School Committee elections, but the strategies that worked well in San Francisco. did not succeed on the state level.

IV. Colorado III. Other Multiple efforts are underway to extend voting rights to Initiatives in 2015 in the cities of Brattleboro, VT and 16- and 17-year-olds in Colorado. Students in Boulder North Andover, MA, were also unsuccessful. In both are advocating for a lower voting age in municipal cases, proposals to lower the voting age were voted elections, while a coalition called Student Voice Student down at town meetings. Organizers in Brattleboro plan Vote is organizing around a state bill that would lower to bring up the issue again. In both cases, if the votes the voting age for school board elections statewide. on the town level were successful, the measures would have required approval by the state legislature. V. New Mexico Efforts to extend voting rights to 16- and 17-year-olds State Representatives and State Senators in several in New Mexico are emerging in early 2017. On the city states have introduced bills over the past 15 years that level, young people in Albuquerque are organizing would lower the voting age for either all of the states’ to advocate for lowering the voting age in municipal elections or just school board elections in the state. elections. On the state level, Rep. Javier Martinez has None of these bills have passed, and very few made it introduced legislation that would lower the voting age out of committee. These bills include: for school board elections statewide. Rep. Martinez introduced similar legislation in 2015; it garnered 16 co- »» 2003 – Texas sponsors but did not advance beyond committee. »» 2004 – California »» 2004 - Iowa VI. Illinois Students in Illinois are exploring possibilities for »» 2005 - Washington lowering the voting age on the city level in Chicago, »» 2008 - Illinois Evanston, and Downers Grove, while also pursuing state »» 2008 - Michigan level legislation that would make it easier for cities to »» 2009 - Wisconsin implement 16-year-old voting once approved. »» 2011 - Washington »» 2014 - Missouri PAST EFFORTS »» 2015 - Minnesota »» 2015 - New Mexico I. Lowell, MA »» 2015 - Arizona In 2009, a group organized by the United Teen Equality Center convinced the Lowell city council to vote in favor »» 2015 - Hawaii of drafting a home rule petition to send to the state legislature. Had the petition cleared the legislature, it would have allowed the city to hold a referendum, which, if successful, would have lowered the voting age for local elections to 17. The petition gained bipartisan support at the State House and passed in the Senate, but stalled in the House.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 10 CURRENT LANDSCAPE INTERNATIONALLY

The concept of 16- and 17-year-old voting has seen considerably more momentum internationally. Brazil, Ecuador, Argentina, Nicaragua, Austria, and Scotland IN THE 2011 LOCAL ELECTIONS all let 16-year-olds vote, and the voting age in Indonesia IN NORWAY, 21 MUNICIPALITIES is 17. Austria lowered its voting age to 16 for all of the country’s elections in 2008, and turnout among 16- and USED A VOTING AGE OF 16 AS A 17-year-olds has been higher than the previous average TRIAL, AND 16- AND 17-YEAR-OLD for first time voters.21 Austria presents a particularly important case study; the voting age reform was TURNOUT WAS MUCH HIGHER accompanied by other measures intended to engage THAN TURNOUT AMONG REGULAR young citizens, including the elevation of the status of civic education in schools.22 Austria’s success shows FIRST-TIME VOTERS (AGED 18-21). the promise of a lower voting age combined with a renewed focus on civic education. This combination likely produces the best outcome in terms of civic 17-year-olds to vote in all of Scotland’s elections going engagement, as the two initiatives mutually reinforce forward. each other. American cities considering lowering their voting ages should also examine areas for improvement The United Kingdom considered lowering the voting age in their schools’ civic education programs. to 16 for the 2017 Brexit referendum, but ultimately did not. The upper chamber of parliament supported In the 2011 local elections in Norway, 21 municipalities the proposal, while the lower chamber was opposed. used a voting age of 16 as a trial, and 16- and 17-year- Analysis from Generation Citizen shows that a 16-year- old turnout was much higher than turnout among old voting age, coupled with stronger youth turnout, regular first-time voters (aged 18-21).23 could have made a difference in the referendum.25

More recently, the voting age was set at 16 for the 2014 Preliminary calculations by Generation Citizen indicate Scottish independence referendum. Turnout among that globally, 7.9 percent of all 17-year-olds are eligible 16- and 17-year-olds was approximately 75 percent, to vote, and 4.1 percent of all 16-year-olds can vote. This and a post-election survey found that 97 percent of 16- is not a new idea – it is a good existing idea that should and 17-year-olds who voted said they would vote again be expanded. in future elections, further evidence that a person’s first election is habit forming.24 Following that vote, the See Appendix A for a complete list of countries with Scottish parliament decided in 2015 to allow 16- and voting ages lower than 18.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 11 LEGAL FEASIBILITY IN THE UNITED STATES

The legal feasibility of lowering the voting age in any given city depends on state laws, as each state has the authority to establish the requirements for voting in its state and local elections.

These requirements are set out in either state Constitutions or statutes. Local governments have varying degrees of authority in determining voter eligibility for their municipal elections, depending on the degree of home rule municipalities are granted in their particular states.

An initial feasibility study by Generation Citizen has determined that city-level campaigns to lower the voting age for local elections seem to be currently feasible in five states, while ten additional states appear to give cities the authority to lower the local voting age but have nuanced laws that may pose hurdles and require further analysis. In these states, cites could lower the voting age for their local elections through city charter amendments. The process varies, but proposed charter amendments usually must be passed by the city council and then approved by voters at the next election.26 Since this is a legally untested area and some constitutional and statutory provisions are open to interpretation, actions to change the voting age in areas where it seems possible may be subject to legal challenges. See Appendix B for a more detailed discussion of the feasibility study, a 50 state map of legal feasibility in each state, and summaries of each state’s applicable laws.

It should be noted that if advocates wish to lower the voting age for an entire state, either a state CITY-LEVEL CAMPAIGNS TO constitutional amendment or statutory change would be required, depending on the state. An amendment to the LOWER THE VOTING AGE FOR U.S. Constitution was required to lower the federal voting LOCAL ELECTIONS SEEM TO BE age from 21 to 18 in 1971. This change was motivated by a desire to align the voting age with the age for CURRENTLY FEASIBLE IN FIVE military service, in the context of the Vietnam War. STATES, WHILE TEN ADDITIONAL STATES APPEAR TO GIVE CITIES THE AUTHORITY TO LOWER THE LOCAL VOTING AGE.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 12 NEXT STEPS TO ADVANCE THIS CAUSE

The 2016 election marked an historic moment for the MORE ACTION IN MARYLAND Vote16 movement. Prop F in San Francisco was the nation’s first ballot measure to extend voting rights Maryland is the only state in which cities (with the to 16- and 17-year-olds in municipal elections. After exception of Baltimore) can make this change without polling at 36 percent in March, the ballot question putting the question on the ballot. Following the success earned 48 percent of the vote on Election Day, with in Takoma Park and Hyattsville, we believe it is possible over 172,000 San Franciscans voting yes. Across the to pass this reform in multiple other Maryland cities Bay in Berkeley, a ballot measure to extend voting rights over the next few years. Now is the time to initiate those to 16- and 17-year-olds for school board elections won conversations as both youth and elected officials look with 70 percent of the vote. These two ballot measures, for concrete responses to reinvigorate local democracy but especially Prop F, prove that this is a viable policy following the 2016 election. solution voters are ready to consider and provide us a playbook for how to approach future ballot measure campaigns to lower the voting age in cities around the STRATEGIC CITY LEVEL BALLOT country. Further, the divisive, substance-free 2016 MEASURE CAMPAIGNS presidential election season stimulated a hunger for new political solutions that compels us to think big Outside of D.C. and Maryland, no state gives cities about possibilities for Vote16. the power to pass this reform without either putting it before voters or getting legislative approval from the Overall, the goal remains to advance this policy on the state. Three states that should be prioritized, where the municipal level, one city at a time, with youth voices at legal ability of cities to make this change is clear, are the front and center. Ballot measure campaigns are the California, Colorado, and New Mexico. There is an vehicle to lowering the voting age in most cities where it opportunity to lay the groundwork for successful ballot is possible. We aim to support multiple ballot measure measure campaigns in these three states in either 2018 campaigns in 2018 and/or 2020. In states that do not or 2020. currently give cities the authority to lower the voting age for local elections, state legislation is required to remove California: Wins in San Francisco and Berkeley are that barrier, and we intend to engage with legislators to very realistic, building on the momentum from 2016. We advance this legislation in the near future. also want to pursue Vote16 in larger cities throughout the state like San Diego, Los Angeles, and/or San Jose. Below are intended next steps to advance the cause in Bills introduced in the state Assembly last year related the next four years: to lowering the voting age generated statewide attention and were supported by statewide coalitions, identifying partners to work with across the state. It is possible to FOCUS ON D.C. IN 2017 make Vote16 a major issue in California in 2020, with ballot measures in several large cities and support from The Washington, D.C. city council will consider a bill prominent state- and national-level elected officials. to lower the voting age to 16 in 2017. The bill was introduced last winter near the end of the council Colorado: The city of Boulder is a realistic initial target. period, but did not advance out of committee. It will be Youth are already advocating for the issue there, and reintroduced in this council period. This bill only needs the city has much in common with Berkeley. Denver is a a majority vote from the council to become law – it does reasonable next step. Advocates in Denver are currently not need to go to be approved by voters. Vote16USA working on a state bill to lower the voting age in school will support the local organizations and youth whoa re board elections, and that energy can be channeled leading the advocacy effort. If the bill passes, D.C. will toward a municipal-level effort in the city. It may be become the largest city with 16-year-old voting and will possible to pursue ballot measures in other Colorado draw significant media attention as the nation’s capital, cities as well, but winning in Boulder and Denver are the boosting momentum for the cause nationwide. top two priorities in the state.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 13 NEXT STEPS TO ADVANCE THIS CAUSE

New Mexico: Youth and local organizations in legislation could potentially make it much easier for Albuquerque have just started the process of organizing a city to implement a lower local voting age. In 2013, advocacy for the issue in Albuquerque. The city leans the state passed a law allowing 17-year-olds to vote in more conservative than the cities in California and primary elections, following effective advocacy from a Colorado, which is a positive for the cause as it will force youth-led coalition known as “Suffrage @ 17.” That work Vote16 supporters to bring conservative supporters on provides a playbook for success and established local board, which the movement needs. leaders to work with. The state also recently passed legislation requiring high-quality civic education for Campaigns in these cities should follow the model of all high school students, a positive move that can be the Vote16SF campaign. Initial steps in each city are to leveraged for Vote16. identify leaders for the local effort, develop partnerships with community organizations and school programs to New York: State law in New York currently does not give recruit youth leaders, build relationships with elected cities the authority to lower the voting age for their local officials and community leaders, and organize or elections, but the state could pass enabling legislation participate in initiatives around voter registration, civic to give any one city that power. Thus, we would seek to education, or local campaigns to build the youth’s pass state legislation giving New York City the authority political skills and build political capital ahead of a to lower its local voting age, and then lobby the city to ballot measure campaign. Each city will work to gain the pass the measure. There is precedent for this kind of support of city council members now, to create a smooth legislation – the state legislature previously gave New route to the 2018 or 2020 ballot. York City the power to allow non-citizen parents to vote in school board elections. Advocacy would likely start on the city level, to show state legislators that demand STATE LEVEL ACTION exists for the city to make this change. Generation Citizen engaged in similar work when lowering the age to Lowering the voting age on the local level in many states 16 for community board participation. requires action on the state level to either make the change for the entire state or to grant cities the ability to do so for their local elections. Now is the time to begin PUBLIC EDUCATION AND PRESS advancing state level legislation. Specific possibilities include: The San Francisco campaign proved that public opinion can shift rather rapidly on this issue once people are Massachusetts: Cities in Massachusetts can send introduced to it and hear positive messages about home rule petitions to the state legislature requesting it. We believe there is potential for large-scale public permission to make this change on the local level. education campaigns, on either a state or national The city of Cambridge sent three such petitions in the level, to introduce this idea to the general public and early 2000’s. None succeeded, but the city council build public support and demand for it. We will explore was enthusiastic about the proposal each time. More options for larger-scale public education efforts that recently, Lowell sent a home rule petition to lower the could be executed in the next four years. One piece of local voting age to 17. We believe the energy to send any such strategy will be a continued focus on earned home rule petitions still exists in these two cities, media, building on the success we’ve had in generating and potentially others. Given the hunger for solutions local and national press coverage. driven by the 2016 election, growing interest in Vote16 nationally, and Massachusetts’ recent law allowing In the past year, the New York Times, Vox, Politico, the 16-year-olds to preregister to vote that became active in Washington Post, the Wall Street Journal, Bloomberg, August 2016, we believe state-level advocacy would be the Atlantic and smaller outlets like Washington Monthly more effective now than it was in the past. and MTV News have all covered campaigns to lower the voting age. In San Francisco, we placed op-eds in Illinois: The legal situation around cities lowering the the city’s two major newspapers during a busy election voting age in Illinois is particularly complex, and state season and were featured by almost every local outlet.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 14 NEXT STEPS TO ADVANCE THIS CAUSE

We anticipate continued success in the press, especially as reporters look for stories illustrating concrete solutions and the positive side of politics.

YOUTH ADVISORY BOARD

The national Vote16USA Youth Advisory Board has played a crucial role in our work so far, and we plan to make this group an even larger part of the campaign going forward. Youth Advisory Board members have offered input on overall strategy and specific initiatives, worked to support ongoing campaigns, served as spokespeople in the media, and helped spread the idea to new cities and audiences. Going forward, we plan to further formalize the role of Youth Advisory Board members and establish a more comprehensive structure that includes a smaller Central Committee of youth involved in active Vote16 campaigns and a larger General Board that includes youth who have worked on Vote16 campaigns in the past or are just starting to get involved with the work.

ENDORSEMENTS

As we saw in San Francisco, endorsements from trusted elected officials were key to advancing the issue and winning public support. It is time to do more of this on the national level, especially as so many politicians are expressing interest in civic engagement. We will work with partners to generate a list of targets on both sides of the aisle and work to earn their endorsement on the issue.

It is especially important to secure endorsements from conservatives and ensure that conservatives are part of local efforts going forward, to maintain and bolster the bipartisan nature of this campaign.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 15 CONCLUSION

The time is ripe to advance Vote16 in cities and states across the country. The 2016 ballot measure campaigns in San Francisco and Berkeley prove the viability of the WE SAW TIME AND TIME AGAIN idea, and the presidential election season left many young people, policymakers, and citizens with a strong THAT SOME PEOPLE THINK THIS desire for bold, concrete solutions to revitalize our IDEA IS A LITTLE FAR FETCHED democracy starting on the local level. AT FIRST, BUT ONCE YOU HAVE A Extending voting rights to 16- and 17-year-olds on FIVE MINUTE CONVERSATION WITH the local level can increase turnout in the long run by making it easier for young people to establish the habit SOMEONE AND REALLY EXPLAIN of voting, and 16- and 17-year-olds have indeed voted THE BENEFITS OF STARTING at higher rates than older first-time voters when given the chance. Lowering the voting age can also catalyze VOTING EARLIER THEY USUALLY improvements in civic education that so many have COME AROUND. called for in the past few months, and 16- and 17-year- olds have shown they are ready to vote and have a stake – Joshua Park, 15, San Francisco in local issues.

Critically, this issue transcends party lines. It is not the idea of one party, and it does not aim to benefit any political ideology. Rather, lowering the voting age is an effort to reinvigorate our democracy by fostering active and engaged citizens.

As the post-election period fades and 2017 comes into full swing, national political discourse will remain alive with discussion and debate on several important issues. The state of our democracy itself is one of those issues, and Vote16 deserves to be part of the conversation. Lowering the voting age is a step in the right direction toward cultivating an engaged and active citizenry that can strengthen our nation for years to come. Now is the time to ensure Vote16’s tremendous progress in 2016 turns into real wins in the years to come.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 16 APPENDIX A

COUNTRIES WITH VOTING AGE LESS THAN 18

COUNTRY VOTING AGE

Argentina 16 for all elections. Lowered from 18 to 16 in 2012.

16 for all elections. Lowered from 18 to 16 in 2008. Some municipalities Austria let 16-year-olds vote in local elections before the national change.

Bosnia 16 if employed, otherwise 18.

16- and 17-year-olds and those over 70 have the option of voting, while Brazil those 18-69 are legally required to vote.

Croatia 16 if employed, otherwise 18.

Cuba 16 for all elections.

East Timor 17 for all elections.

16- and 17-year-olds and those over 65 have the option of voting, while Ecuador those 18-64 are legally required to vote.

Germany 16 for several states, 18 for national elections.

Guernsey (British Crown Dependency) 16 for all elections.

Hungary 16 if married, otherwise 18.

Indonesia 17 for all elections, and married persons regardless of age.

Isle of Man (British Crown Dependency) 16 for all elections.

Jersey (British Crown Dependency) 16 for all elections.

Malta 16 for Local Council elections, 18 for all other elections.

Nicaragua 16 for all elections.

Performed a pilot program with 16-year-old voting age for local elections Norway in 20 municipalities in 2011; will continue the trial with 10 new municipalities this year.

16 for all elections. The voting age was lowered to 16 for all Scottish Scotland elections in June 2015, following the success of a 16-year-old voting age in the 2014 independence referendum.

Serbia 16 if employed, otherwise 18.

Sudan 17 for all elections.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 17 APPENDIX B

LEGAL FEASIBILITY OF CITY CAMPAIGNS TO LOWER THE VOTING AGE IN LOCAL ELECTIONS

This study aims to determine the legal feasibility of municipal-level campaigns to lower the voting age for local elections in each state. Cities can take action to lower their local voting age in some states, while the law clearly prohibits this in other states. Some states remain unclear – advice from local legislative counsel is needed to better understand the situation in these states.

Washington Maine

Montana North Dakota Minnesota

New Hampshire Oregon Wisconsin New York Vermont Idaho South Dakota Massachusetts Michigan Wyoming Rhode Island Pennsylvania Connecticut Iowa New Jersey Nebraska Ohio Delaware Nevada Illinois Indiana West Maryland Virginia Utah Washington DC Colorado Virginia Kansas Missouri (DC Laws can (Only Kansas City) Kentucky be overturned California North Carolina by Congress) Tennessee

Oklahoma South Carolina Arkansas Arizona New Mexico Mississippi Alabama Georgia

Texas Louisiana

Florida

Alaska

Hawaii

Green: Cities can lower voting age, usually through charter amendments

Dark Green: Cities may be able to lower voting age through charter amendment. but the law is less clear or potential barriers exist. See state descriptions.

Yellow: Need to change state law (city-specific enabling legislation may be a possibility)

Red: Need state constitutional amendment

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 18 APPENDIX B (CONTINUED)

GLOSSARY & OVERVIEW OF FEASIBILITY STUDY METHODS

GLOSSARY METHOD FOR DETERMINING LEGAL FEASIBILITY OF LOWERING THE Constitution: Just like the U.S. Constitution is the “supreme law of the land” for the whole country, VOTING AGE each state has its own Constitution that serves as a Determining the legal feasibility of lowering the voting blueprint for the political and legal organization of the age in any given city starts with a two step process—first state. No state or local laws can conflict with the state examining the state’s voting age provisions, and then its Constitution. home rule laws. Although we are interested in individual Statute: Statutes are laws. Federal statutes apply to the cities, the initial analysis takes place on the state level. whole country, while state statutes apply to one state. A Step 1: Analysis of Voting Age Provisions compilation of all of a state’s laws is sometimes referred to as the state statutory code, or just the state code. First, we must look at both the state Constitution and Phrases like “election code” refer to a group of laws the state election statutes for provisions regarding related to one topic, in this case elections. the voting age. The key is to determine, in both the Constitution and the statute, whether the voting age Case law: Case law is legal precedent that is established requirement is phrased as a grant or a restriction. The by judicial decisions in court cases. It often clarifies or Ohio Constitution, for example, says “Every citizen of the interprets statutory or constitutional laws. United States, of the age of eighteen years [...] is entitled Home rule: Home rule refers to the degree of authority to vote at all elections.” This phrase can be interpreted that local units of government (i.e. municipalities, cities, two ways: either (1) the right to vote is given exclusively counties, etc.) have to exercise powers of governance to citizens over the age of 18, or (2) while those over 18 within their boundaries. Each state determines how cannot be denied the right to vote, voting rights could be much home rule power, if any, its municipalities have. granted on a discretionary basis to those under 18. In some states, municipalities have a wide degree To determine which of these interpretations is correct, of authority to pass laws and govern themselves as further analysis is needed of case law in each state, they see fit, as long as they obey the federal and although it is likely that many states do not have any state Constitution. In others states, municipalities case law on this subject. In the context of the 26th have virtually no home rule authority. In order for a Amendment to the U.S. Constitution, which is also municipality to lower its voting age, it must have the worded as a grant, at least one federal court has appropriate home rule power to do so. suggested that the more inclusive interpretation is correct, noting that the amendment “provides that the right to vote cannot be denied on the basis of age to persons age eighteen or over, but it does not prohibit the states from setting a lower voting age.”27 However, this decision is not binding precedent over state courts.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 19 APPENDIX B (CONTINUED)

The Ohio provision quoted above is an example of It is necessary to consult with local experts to more what we call a grant. The Arizona Constitution, on the conclusively determine the legal feasibility of a other hand, gives an example of what we refer to as a municipality lowering its voting age in some situations. restriction: “No person shall be entitled to vote at any Municipal actions in some areas where it seems general election [...] unless such person be a citizen of legal may still be subject to court challenge over the the United States of the age of eighteen years or over.” interpretation of home rule statutes. This clearly prohibits those under 18 from voting. Step 3: Deeper Analysis If a state Constitution phrases the voting age as a restriction, the first step to lowering the voting age For states that appear feasible, the next step is to take a in cities in that state must be a state constitutional deeper look at state laws related to elections that would amendment to rephrase that provision. If a state impact a cities’ ability to implement 16-year-old voting, statute phrases the voting age as a restriction, the state such as voter registration laws. This research is specific legislature must pass a new law to change the statute to each state. and make it more permissible of under-18 voting. Statewide or city-specific enabling legislation may also be a possible solution in this situation.

If both the state Constitution and state election statute phrase the voting age requirement as a grant, we can move on to an analysis of home rule. It is important to note, however, that the true meaning of the phrases we call grants is open for interpretation by individual state courts. If a municipality takes action to lower its voting age, this action could be challenged in court, and the state court may interpret the voting age provision as meaning that the right to vote is reserved exclusively to those over 18.

Step 2: Home rule analysis:

The second key to determining the legal feasibility of lowering the voting age in cities in any given state is establishing the degree of home rule, if any, municipalities are granted in that state. Home rule allows municipal flexibility in local affairs so far as is consistent with applicable state law, and it comes from the state Constitution, state statutes, or both. In some cases, a state will list exactly which subjects municipal governments can and cannot exercise control over. Other states with home rule are more vague in their descriptions of what powers local governments can exercise, leaving the issue open for interpretation. Lastly, there are instances in which municipalities can take action in a matter of local governance, but the action must be approved by the state legislature. This was the case in Massachusetts when Lowell and Cambridge tried to lower their local voting ages.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 20 of the State or the charter of the municipal corporation” FEASIBLE STATES (Md. Code § 2-202). This gives cities the ability to regulate their local elections, and is what allowed In these states, our research indicates that cities Takoma Park and Hyattsville to lower the voting age with can take action to lower the voting age for their local just a city council vote. elections, usually through city charter amendments. A charter amendment must be proposed by one city council member, passed by the council, and then NEW MEXICO approved by a majority of voters as a ballot issue. Charter cities can change their local voting ages through Citizens can also bring a petition to propose a charter charter amendments. amendment in many cities, but this is less practical in most jurisdictions. The New Mexico Constitution and election code grant the right to vote to those over 18, and do not explicitly prohibit those under 18 from voting. The state CALIFORNIA Constitution provides a process for cities to adopt Charter cities can change their local voting ages through home rule charters, and gives charter cities very broad charter amendments. authority (NM Const. art. 10, § 6). Further, the election code contains a section regulating municipal elections, The California Constitution and election code grant but states that “The provisions of the Municipal Election the right to vote to those over 18, and do not explicitly Code shall not apply to home rule municipalities [...] prohibit those under 18 from voting. California gives its unless the Municipal Election Code is adopted by charter cities (nearly every major city is a charter city) reference by such municipality” (NMSA § 3-8-1). This broad home rule authority. Elections are not specifically indicates that the nine home rule charter cities in New addressed, but municipalities “may make and enforce Mexico can indeed lower the voting age in their local all ordinances and regulations in respect to municipal elections, through charter amendments. affairs” (Calif. Const. art. XI, § 5a) and case law supports the determination that elections are considered municipal affairs. This indicates that California charter WASHINGTON, D.C. cities may lower their local voting ages through city Washington, D.C.’s city council can pass a bill to lower charter amendments, as San Francisco is pursuing now. the voting age in the city, but the U.S. Congress can overturn it.

COLORADO Washington, D.C. is unique in this discussion. The city Charter cities can change their local voting ages through council can pass a bill to lower the voting age, but, like charter amendments. any other D.C. law, the U.S. Congress could pass a bill to overturn it. The Colorado Constitution and election code grant the right to vote to those over 18, and do not explicitly prohibit those under 18 from voting. The state Constitution provides a process for cities to adopt home rule charters, and gives charter cities the power to control “all matters pertaining to municipal elections” (Colo. Const. art. XX 20, § 6). Thus, home rule charter cities can lower the voting age for their local elections through charter amendments. All of Colorado’s major cities are home rule charter cities.

MARYLAND Cities can lower the voting age for local elections by city council vote, except for Baltimore.

The Maryland Constitution grants the right to vote to those over 18, and does not explicitly prohibit those under 18 from voting. Further, the Maryland election code states that: “Except for the City of Baltimore, the provisions of this section do not apply to a municipal corporation in the State in which the municipal or charter elections are regulated by the public local laws

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 21 HAWAII CITIES MAY BE ABLE Counties can likely lower the voting age for their local elections through charter amendments, although more TO LOWER THE VOTING research is needed to verify.

AGE FOR LOCAL Hawaii’s Constitution grants the right to vote to those 18 and up and does not specifically prohibit those under ELECTIONS, BUT THE 18 from voting. The state statutes do not contain a provision on the voting age. Local government in Hawaii LAW IS LESS CLEAR OR is mostly administered on the county level, and counties have broad power to self-govern via charters, as long as POTENTIAL BARRIERS charter provisions don’t conflict with general laws of the state. It does not appear that there are any state laws EXIST that would prohibit a county in Hawaii from lowering the voting age for its local elections, but this needs to In these states, the constitutional and statutory be confirmed with more research on related statutes, provisions on the voting age are phrased as grants, and including voter registration laws. cities appear to have the necessary home rule power, but the legal situation is ambiguous enough to warrant scrutiny, or other potential barriers have been identified. IDAHO These states range from those where it is somewhat The election code appears to disqualify those under likely that a city’s action to lower the voting age would 18 from voting, but it is not entirely clear. City-specific hold up to scrutiny, to those where it is possible but enabling legislation may be an option. doubtful. The Idaho Constitution grants the right to vote to those over 18 and does note explicitly prohibit those under 18 ARKANSAS from voting (Idaho Const. art. 6, Counties may be able to lower the voting age for their local elections. Need verification. § 2). The Iowa election code, however, contains a provision titled “Disqualified Electors Not Permitted Arkansas’ Constitution and statutes do not deny a city to Vote” (Idaho Code. Ann. § 34-403) This provision or county the ability to lower the voting age for its local states that “no elector shall be permitted to vote if elections. First class cities can exercise power related he is disqualified as provided in article 6, sections 2 to “municipal affairs” as long as it doesn’t conflict and 3 of the state constitution.” Article 2 says, among with state law (14-43-601). However, according to an other things, that all citizens over the age of 18 are Arkansas Municipal League handbook, the Arkansas qualified to vote. Taken together, this could very well be Supreme Court has continued to apply Dillon’s Law and interpreted as meaning that one who is not qualified has been strict about city legislation it upholds. County to vote under article 2 is disqualified. In this case, the governments, however, seem to have a greater degree of Disqualified Electors statute would need to be changed. power. The state Constitution gives counties the power Regarding home rule, the Constitution states that “Any to “exercise local legislative authority not denied by the county or incorporated city or town may make and Constitution or by law” (Const. Amendment 55). The best enforce, within its limits, all such local police, sanitary advocacy strategy in Arkansas is probably on the county and other regulations as are not in conflict with its level. A county may be able to take action to lower its charter or with the general laws” (Idaho Const. art. voting age for county elections, but the interpretation of 12, § 2). This could likely be interpreted to give cities the voting age provision in the state Constitution may the ability to change the local voting age. City-specific be subject to court interpretation. Further research enabling legislation could be an alternative to changing is needed to verify a county’s authority in this area. the Disqualified Electors statute. Further research is Research is also needed on registration statutes and also needed on provisions related to implementation, related provisions. including voter registration statutes.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 22 MISSOURI with this interpretation, and believes cities do not have The city of Kansas City may be able to lower the voting this authority. Vote16USA will re-engage in the future. age for its local elections through either a charter Further research is also needed on related provisions, amendment or a local ordinance. including voter registration statutes.

The Missouri Constitution and election code grant the right to vote to those over 18, and do not explicitly NEVADA prohibit those under 18 from voting. The state has a More research is needed on home rule law. specific statute that gives any city with a population The Nevada Constitution and election code grant the over 400,000 the right to regulate its own elections (§ right to vote to those over 18, and do not explicitly 122.650.1). The only such city in Missouri is Kansas prohibit those under 18 from voting. Nevada does not City. Other charter cities “shall have all powers which provide home rule through its Constitution, but it does the general assembly of the state of Missouri has give incorporated cities (the classification of city with authority to confer upon any city, provided such powers the most autonomy in Nevada) certain, specifically are consistent with the constitution of this state” (Art. listed powers under NRS 268.008. Authority over 6 § 19a), but it is unclear whether this provision grants local elections is not listed. But, the state law about authority over local elections. The existence of the city elections says that “conduct of any city election statute specific to cities over 400,000 suggests it does is under the control of the governing body of the city, not. Kansas City’s charter includes a provision stating and it shall, by ordinance, provide for the holding of that state election laws shall apply to all city elections, the election, appoint the necessary election officers “except as provision is otherwise made by this Charter and election boards and do all other things required to or ordinance” (§ 601). So, it appears that Kansas City carry the election into effect” (NRS 293C.110). This may can lower its voting age for local elections. However, mean that cities can lower the voting age for their local conversations between Vote16USA staff and Kansas elections through charter amendments or ordinances, City City Council staff revealed that city council staff are but the law is particularly open to interpretation. Further not confident in the city’s authority to make this change. research is also needed on related provisions like Council staff declined to continue the conversation registration statutes. beyond this point, but Vote16USA will re-engage in the future. Further research is also needed on provisions related to implementation, including voter registration OHIO statutes. Charter cities can change their local voting ages through charter amendments, but may be especially subject to NEW JERSEY court challenge. Cities operating under optional plan municipal The Ohio Constitution and election code grant the right governments appear to have the ability to change their to vote to those over 18, and do not explicitly prohibit local voting ages through charter amendments, but those under 18 from voting. The state Constitution local officials disagree. provides that “municipalities shall have authority to exercise all powers of local self-government” (Art. 18 The Constitution grants the right to vote to those over Sec. 3). The scope of “local self-government” is not 18 and does note explicitly prohibit those under 18 from defined, and has needed to be determined by the voting (NJ Const. art. 2, § 1.3) and the election code courts. Generally, if an issue is a matter of “general and refers back to the Constitution (N.J. Rev. Stat. § 19:4- statewide concern,” it is outside the scope of home rule. 1). Regarding home rule, Title 40, section 40:69A-29 There is no way to tell whether the voting age in local lists specific powers granted to optional plan municipal elections would be a matter of “general and statewide governments, and this list does not include the power concern” or a “power of local self-government.” It to regulate elections. But, Title 40, section 40:69A-30 appears that a city in Ohio could attempt to change its states that this list is not exhaustive, and the powers voting age through a charter amendment, declaring of municipalities should be construed liberally. This that doing so is a “power of local self-government,” and provision is written in a generous way, and appears to would then have to defend the action if it is challenged let cities do anything that is not in conflict with other in court. More research is needed on related statutes, state law. So, it appears that New Jersey cities operating like voter registration laws. under optional plan municipal governments can lower the voting age, as long as this action is not interpreted to conflict with state laws on the voting age. However, the NJ League of Municipalities counsel disagrees

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 23 OKLAHOMA and similar regulations not in conflict with the general Charter cities can change their local voting ages through law, and no enumeration of powers in this constitution charter amendments, which need to be approved by or any law shall be deemed to limit or restrict the voters and the Governor. general grant of authority hereby conferred” (Const. Art. 11 § 5). This indicates cities might be able to use Oklahoma’s Constitution phrases the voting age their home rule power to lower the voting age. However, provision as a grant, and the statute refers back to local elections are included in the statutory definition the Constitution. Regarding home rule, cities with of “election” in the state election code (20A-1-102), populations greater than 2,000 are allowed to adopt which could prevent cities from acting on the issue. home rule charters and amend them so long as they Further interpretation and case law research is needed, do not conflict with the state Constitution or statutes. as well as research on related statutes, like the voter Charter amendments must be approved by the city registration laws. council, then approved by voters, then submitted to the governor for approval (Constitution Section 18-3(a)). The governor shall grant approval if the amendment “shall WISCONSIN not be in conflict with the Constitution and laws of this It appears that cities can lower the voting age through State.” However, it is unclear how the governor decides charter amendments, but the election code and home to approve charter amendment in reality. Consultation rule and provisions are especially open to interpretation, with local leaders is necessary to gain insight. complicated by case law. The Constitution (Art. 3 § 1) and statute (§ 6.02) SOUTH DAKOTA both phrase the voting age requirement as a grant. Cities and counties can lower the voting age for their The Constitution (Art. 11 § 3) gives cities power to local elections through charter amendments. “determine their local affairs and government, subject only to this Constitution and to such enactments of the The South Dakota state Constitution and election code legislature of statewide concern as with uniformity shall both grant the right to vote to those 18 and older, and affect every city or every village.” It is likely that state do not specifically prohibit those under 18 from voting election statutes are of “statewide concern,” especially (Const. Art. 7 § 2 and SDCL 12-3-1). Any county or city since (§ 5.02) defines “election” as “every public in South Dakota can adopt a charter, and “A chartered primary and election.” If this is true, cities may still be governmental unit may exercise any legislative power able to lower the voting age, since doing so may not or perform any function not denied by its charter, the directly conflict with the state law. On the other hand, Constitution or the general laws of the state” (Const. Art. cities may be prohibited from doing anything in an area 9 § 2). A state statute lists the restrictions on power of of statewide concern where there already are statewide home rule units, and this list does not include elections. laws. Case law does not give very clear direction, but Therefore, it seems that home rule units (cities or leans toward a more limited interpretation of home counties) in South Dakota can lower the voting age rule. Research is also needed on state status related to for their local elections through charter amendments. implementation, such as voter registration laws. Charter amendments must be approved by voters. Further research is also needed on provisions related to implementation, including voter registration statutes.

UTAH Cities may be able to lower the voting age for local elections, but the issue is especially open to interpretation.

The Utah Constitution and election code grant the right to vote to those over 18, and do not explicitly prohibit those under 18 from voting. The Constitution also gives cities the ability to adopt charters for their local government. Cities with charters have “the authority to exercise all powers relating to municipal affairs, and to adopt and enforce within its limits, local police, sanitary

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 24 specific cities to seek enabling legislation, but this is NEED STATE unclear because Connecticut’s Constitution contains a provision that limits the general assembly’s ability LEGISLATION TO GIVE to enact special legislation specific to a single city (Article 10 Section 1). Statewide or city-specific enabling CITIES THE POWER TO legislation may also be an option. LOWER THE VOTING DELAWARE AGE FOR LOCAL Home rule statute prevents cities from lowering local ELECTIONS voting age. Delaware’s Constitution phrases the voting age In these states, some aspect of state law prevents a city requirement as a grant, and the statute does not from taking action to lower its voting age. Legislation mention it, so the question turns to home rule. Delaware is needed on the state level. Such a bill could take a does give its cities a degree home rule powers, but cities variety of forms depending on the specifics of state law. are specifically prohibited from amending a municipal charter to “change the qualifications of those entitled to vote at municipal elections” (§ 835). Statewide or city- ALASKA specific enabling legislation may also be an option. Home rule statute prevents cities from lowering local voting age. FLORIDA Alaska’s Constitution presents the voting age Voter qualification statute and home rule statute prevent requirement for voting as a grant (Art. 5 § 1), but the cities from lowering local voting age. statute that provides voter requirements for state elections is less clear (15.05.010). A strict reading The Florida Constitution does not specifically prohibit of the statute may interpret it as a grant, but the those under 18 from voting, but the state’s election way the statute is structured makes it seem like a code reads “A person may become a registered voter restriction. Further, there is a specific statute about only if that person is at least 18 years of age” (Chapter voter qualifications for municipal elections (29.26.050). 97) (emphasis added). Florida municipalities have It does not mention age but refers back to the state home rule, but cannot take action that is preempted election statute, and uses more restrictive language, by or in conflict with state law. The way the election lending credence to the more restrictive interpretation of code is written, it would almost certainly either preempt the state election statute. Alaska’s Constitution provides or conflict with a municipality’s action to lower the broad power to home rule cities, but a statute prohibiting voting age. Thus, it appears that the law would have to home rule cities from acting to supersede specific be changed to allow those over 18 to vote, while not statutes includes the municipal voter qualification specifically denying that right to those under 18. This statute mentioned above (29.10.200). So, for a home may still leave enough ambiguity for a legal challenge—a rule city in Alaska to lower its voting age, the statute more certain strategy would be to also change the home concerning restriction of home rule powers must be rule law to specifically state that municipalities have changed, and the general voter qualification statute may authority over their local elections. Statewide or city- need to be changed as well. Statewide or city-specific specific enabling legislation may also be an option. enabling legislation may also be an option. GEORGIA CONNECTICUT Voter qualification statute and home rule statute prevent Home rule statute prevents cities from lowering local cities from lowering local voting age. voting age. Georgia’s Constitution grants the right to vote to The Connecticut Constitution and election code grant those over 18 and does not specifically prohibit those the right to vote to those over 18, and do not explicitly under 18 from voting. The Georgia code contains a prohibit those under 18 from voting. Additionally, statute listing voter qualifications that clearly restricts Connecticut does grant home rule to its municipalities. those under 18 from voting (§ 21-2-216). Further, However, the law specifically prohibits municipalities while Georgia gives its municipalities some home rule from taking action that affects “matters concerning powers, the home rule law lists specific powers that are qualification and admission of electors” (Title 7, Chapter reserved for the state, including “action affecting … the 99, Section 7-192a). It may be possible for one or more procedure for election or appointment of the members

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 25 [of the municipal governing authority]” (§36-35-6). For IOWA municipalities in Georgia to lower their local voting ages, Voter qualification statute prevents cities from lowering the state legislature would need to pass bills changing local voting age. both the voter qualification law and the home rule law. Statewide or city-specific enabling legislation may also Iowa’s Constitution phrases the voting age provision as be an option. a grant, but the election code phrases it as a restriction (§ 48A.5). The state Constitution has an amendment granting municipal corporations “home rule power ILLINOIS and authority, not inconsistent with the laws of the Charter cities have home rule authority to lower the General Assembly, to determine their local affairs and voting age, but state law about voter registration would government” (Section 38A). However, the election code prevent implementation. provides that “county commissioner of elections shall ... conduct the election pursuant to the provisions of The Illinois Constitution and election code grant the right [the state election code]” (376.1). It appears that, if the to vote to those over 18, and do not explicitly prohibit voting age statute was changed to make it a grant rather those under 18 from voting. The state Constitution than a restriction, a city could take action to lower its states that home rule units (counties and municipalities voting age. While the county commissioner would still with populations over 25,000) “may exercise any conduct elections pursuant to the state laws, a lower power and perform any function pertaining to [their] voting age would no longer be contrary to those laws. government and affairs” except as expressly limited, Statewide or city-specific enabling legislation may also and that home rule powers “shall be construed liberally” be an option. (art. 7 § 6). Neither the constitution nor state statutes explicitly preempt municipalities from lowering their voting ages, so it seems that municipal units in Illinois KANSAS can lower the voting age for their local elections, through Voter qualification statute prevents cities from lowering charter amendments. However, the state Constitution local voting age. requires that “laws governing voter registration and conduct of elections shall be general and uniform” The Kansas Constitution phrases the voting age (Const. art. 3, § 4). Voter registration forms are required requirement as a grant, but the election code presents to include a space where the prospective voter affirms it as a clear restriction. Fortunately, Kansas does have that “I will be at least 18 years old on or before the relatively broad home rule powers. If the law regarding next election” (Ill. Comp. Stat. Ann. § 5/1A-16). A home the voting age were changed to phrase the requirement rule unit could not use a different registration form as a grant, like the state Constitution does, it appears without an amendment to state registration law. State that cities would be able to use their home rule power to legislation could amend the registration provision to lower the voting age for local elections. Statewide or city- affirm that home rule units that exercise their home rule specific enabling legislation may also be an option. authority to enact 16-year-old voting may also implement corresponding registration procedures. KENTUCKY Open to interpretation, but home rule law likely prevents INDIANA cities from lowering local voting age. Home rule statute prevents cities from lowering local voting age. Kentucky’s Constitution phrases the voting age requirement as a grant. The voter qualification statute The Indiana Constitution and election code grant the refers back to the Constitution, but in a way that may right to vote to those over 18, and do not explicitly possibly be construed to restrict voting to only those prohibit those under 18 from voting. The state has above 18 (KRS § 116.025). Kentucky grants home home rule, but it is extremely limited and specifically rule via statute 82.082(1), which says, “A city may prohibits municipalities from conducting elections, or exercise any power and perform any function within its from regulating “conduct that is regulated by a state boundaries [...] that is in furtherance of a public purpose agency,” which would include elections (IC 38-1-3-9-7). of the city and not in conflict with a constitutional Thus, advocacy efforts in Indiana would have to begin provision or statute.” Additionally, cities do not have with changing the home rule law to allow municipalities power where there is a “comprehensive scheme of to exercise control over local elections. Given the legislation on the same general subject” (82.082(2)). limited nature of the current law, this seems particularly Although the state election code does not specifically unlikely. Statewide or city-specific enabling legislation address municipal elections, it is certainly arguable may also be an option. that it is a “comprehensive scheme of legislation on the same general subject” as municipal elections.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 26 In sum, it would be possible for a city in Kentucky to MASSACHUSETTS take action to lower its voting age, declaring that doing Cities need the state legislature’s approval for home so is “in furtherance of a public purpose of the city” rule petitions. and that the state election code does not represent a “comprehensive scheme of legislation on the same The Massachusetts Constitution and election code general subject” as municipal elections. But, these phrase the voting age requirement as a grant. Cities declarations are subject to court challenges, and in Massachusetts have the ability to adopt home rule it is possible a court would reject the city’s claims, charters, but to amend a charter to lower the voting preventing it from lowering its voting age. Statewide or age, cities must send home rule petitions, also referred city-specific enabling legislation may also be an option. to as special act charters, to the state legislature (Chapter 43B). First, the city council must form a study committee, which recommends the home rule petition LOUISIANA to the council. Then, if the city council votes in favor Voter qualification statute prevents cities from lowering of the petition, it goes to the state legislature and is local voting age. treated as a piece of legislation. If it passes the House and Senate and is signed by the Governor, the petition is Louisiana’s Constitution phrases the age requirement returned to the city for implementation. Cities can write for voting as a grant, but a statute in the state’s election their petitions to make the proposal subject to approval code specifically states that “no one, under the age of by voters after being passed by the state legislature, but eighteen years shall be permitted to vote in any election” don’t necessarily have to. See this paper’s discussion of (Title 18 § 101). If that statute were changed, local Lowell’s effort to lower the voting age for more details on governments (parishes and municipalities) with home the process in Massachusetts. rule charters may be able to lower the voting age in their local elections through charter amendments, because they can exercise any power that is “necessary, requisite, MICHIGAN or proper for the management of its affairs, not denied Voter qualification statute prevents cities from lowering by general law or inconsistent with this constitution” local voting age. Home rule law is open to interpretation, (Const. Art. 6 § 5e). However, whether changing the but may also prevent cities from lowering local voting local voting age falls under this description is subject to age. interpretation. In sum, advocacy in Louisiana must start with changing the statute that prohibits those under The Michigan Constitution phrases the voting age as a 18 from voting, and then it may be possible for local grant, but the election code says that to vote a person governments to take action. Statewide or city-specific must be “not less than 18 years of age,” which is a enabling legislation may also be an option. restriction (Ch. 168 Sec. 492). Cities have a degree of home rule, but “No provision of any city or village charter shall conflict with or contravene the provisions MAINE of any general law of the state” (MCL 117.36; 78.27), Voter qualification statute prevents cities from lowering and charter amendments must be submitted to the local voting age. governor for approval. First, the voting age statute must be changed to phrase the age as a grant rather than Maine’s state Constitution phrases the voting age as a restriction. Even if this happens, it would be unclear a grant, but the state election code presents it as a whether a city could take action to lower its voting age, restriction. Further, while Maine’s Constitution provides or if that would still conflict with or contravene the state for municipal home rule, the state election code law. To avoid this uncertainty, the home rule law would specifically states that “The qualifications for voting need to be changed to specifically give cities authority in a municipal election conducted under this Title are over elections. Statewide or city-specific enabling governed solely by [the state election code’s voter legislation may also be an option. qualification statute, which is phrased as a restriction]” (Title 30-A § 2501). Therefore, in order for municipalities to lower their voting ages in Maine, the state election MINNESOTA code must be changed to phrase the voter qualification Voter qualification statute prevents cities from lowering provision as a grant. To eliminate ambiguity, the statute local voting age. More research is needed on home rule. previously mentioned (§ 2501) could also be eliminated or changed to specifically state that the qualifications for The Minnesota state Constitution phrases the voting age voting in municipal elections are not governed by state requirement as a grant, but the state’s election code laws. Statewide or city-specific enabling legislation may phrases it as a restriction (Ch. 201.014). There is a state also be an option. statute (Ch. 205.02) regarding the applicability of state election law to municipal elections, but further analysis

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 27 is needed to understand how this affects cities’ ability NEW HAMPSHIRE to lower the voting age. Regardless, statewide or city- Home rule statute prevents cities from lowering local specific enabling legislation could be a viable option. voting age.

New Hampshire’s Constitution phrases the voting age MISSISSIPPI provision as a grant, and the statute simply refers to Home rule statute prevents cities from lowering local the Constitution (Const. Art. 11 and § 654:1). However, voting age. while New Hampshire’s towns and cities have the ability to adopt charters, charters do not give towns or The Mississippi Constitution and election code grant cities any additional powers other than to determine the right to vote to those over 18, and do not explicitly the organization of their local government (§ 49- prohibit those under 18 from voting. However, the C:15). Further, New Hampshire law provides for the Mississippi home rule law specifically prohibits qualifications of voters in municipal elections (49- cities from changing “the requirements, practices or C:5). Additionally, in 2000, voters did not approve a procedures for municipal elections,” unless specifically proposed constitutional amendment that would have authorized by another statute (Miss. Code Ann. § 21-17- given cities and towns broad home rule powers. For a 5). Thus, the home rule law would have to be changed New Hampshire municipality to lower its voting age for to allow municipalities to exercise home rule authority local elections, the legislature would have to pass a bill over local elections. Statewide or city-specific enabling specifically giving municipalities the authority to regulate legislation may also be an option. local elections. Statewide or city-specific enabling legislation may also be an option. MONTANA Voter qualification statute and home rule statute prevent NEW YORK cities from lowering local voting age. Voter qualification statute and home rule statute prevent Montana’s state Constitution phrases the voting age cities from lowering local voting age. requirement as a grant, but the state statute phrases The New York Constitution phrases the voting age it as a clear restriction (13-1-111). Further, while cities as a grant, but the state election code phrases it as in Montana can adopt charters, they are still subject a restriction. Additionally, while New York provides to state laws concerning elections, and charters home rule, it is limited, and municipalities do not have “shall not contain provisions establishing election, control over voter registration requirements. Therefore, initiative, and referendum procedures” (§ 7-3-708). advocacy efforts in New York must aim to change both So, for a municipality in Montana to have the ability to the state law on the election age and the state law on lower its local voting age, both the state law on voter home rule. Statewide or city-specific enabling legislation qualifications and the home rule law would need to be may also be an option. This would be similar to the city- changed. Statewide or city-specific enabling legislation specific law that allowed New York City to extend voting may also be an option. rights to non-citizens for school board elections from 1969-2002, when the mayor took control of the schools. NEBRASKA Voter qualification statute prevents cities from lowering NORTH CAROLINA local voting age. Voter qualification statute and home rule statute prevent Nebraska’s Constitution presents the age requirement cities from lowering local voting age. for voting as a grant, but the election code defines an North Carolina’s state Constitution phrases the elector as a citizen “who is at least eighteen years of voting age requirement as a grant, but the state age.” Cities with populations greater than 5,000 are statute phrases it as a clear restriction (§163-55). allowed to adopt charters. City councils can propose North Carolina does not provide for home rule in its charter amendments, which must be approved by Constitution, and home rule authority has been given referendum (Const. Art. 11-4), but charters are still in a limited way through subject-specific statutes. No subject to the Constitution and state laws. Therefore, the such statute exists concerning municipal elections, and statute defining an “elector” must be changed before the state election code contains sections governing cities can take action to lower their voting ages through municipal elections (Chapter 163 Article 24). To lower charter amendments. Statewide or city-specific enabling the voting age in cities in North Carolina, advocates legislation may also be an option. would have to pass a bill changing the voting age statute and specifically granting municipalities the authority to regulate local elections. Statewide or city-specific enabling legislation may also be an option.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 28 NORTH DAKOTA RHODE ISLAND Home rule statute prevents cities from lowering local State legislation is needed to give cities the authority to voting age. lower the voting age locally.

North Dakota’s Constitution and election statutes grant The Rhode Island Constitution and election code grant the right to vote to those over 18 and do not specifically the right to vote to those over 18, and do not explicitly prohibit those under 18 from voting. But, state statutes prohibit those under 18 from voting (Const. Art. 2 § 1 list the powers that are given to home rule cities and and §17-1-3). The state Constitution also says that any counties, and both cities and counties have the power city can amend its charter and “enact and amend local to “provide for all matters pertaining to [city or county] laws relating to its property, affairs and government not elections, except as to qualifications of electors” (40- inconsistent with this constitution and laws enacted 05.1-06 and 11-09.1-05). So, for a city or county to by the general assembly” (Article 13, Section 2). On lower the voting age in its local elections, these statutes the surface, it appears this this should be interpreted would need to be changed. Statewide or city-specific to mean that cities do have the power to lower the enabling legislation may also be an option. voting age, since the provisions about the voting age are presented as grants. However, conversations with elected officials and elections administrators in Rhode OREGON Island reveal that in reality the laws are interpreted Statute on state election law’s applicability to local to mean that the state controls all matters related to elections prevents cities from lowering local voting age. elections, despite cities’ apparent home rule powers. So, legislation on the state level would need to more Oregon’s constitutional provision on the voting age is a explicitly give cities this power. bit ambiguous, but it can likely be interpreted as a grant (Art. 2 § 2). The state election code does not contain a voter qualification provision. Cities in Oregon have some TENNESSEE degree of home rule, but the state election code states State legislation is needed to give cities the power to that “any primary election, general election or special lower the local voting age under home rule authority. election held in this state shall be conducted under the provisions of this chapter, unless specifically provided Tennessee’s Constitution presents the voting age otherwise in the statute laws of this state” (§ 254.016). requirement as a grant, and the state’s statutes don’t It seems that this provision prevents cities from enacting address the voting age. Home rule is unclear. Art. their own regulations related to elections, like lowering 11 Sec. 9 of the Constitution gives any municipality the voting age. In order to give cities in Oregon the power the ability to become a home rule municipality, but it to lower their voting ages, either this statute or the home doesn’t elaborate on powers granted. Title 6, Chapter 53 rule laws would need to be amended. Statewide or city- regulates municipal elections, but does not say whether specific enabling legislation may also be an option. home rule municipalities can form their own regulations regarding elections. While not explicitly clear, this is likely enough to determine that cities in Tennessee do PENNSYLVANIA not currently have the authority to lower the voting age Home rule statute prevents cities from lowering local for local elections. It is likely that state legislation would voting age. be needed to affirm a city’s ability to lower the local voting age under its home rule authority. The Pennsylvania Constitution and election code grant the right to vote to those over 18, and do not explicitly prohibit those under 18 from voting. Pennsylvania gives VERMONT its municipalities a degree of home rule, but the state Cities need the state legislature’s approval for charter law specifically prohibits municipalities from exercising amendments. home rule authority over “the registration of electors and the conduct of elections.” Advocacy efforts in The Vermont Constitution and election code grant the Pennsylvania would need to begin with changing that right to vote to those over 18, and do not explicitly state law to give municipalities more control over their prohibit those under 18 from voting. Municipalities in local elections. Statewide or city-specific enabling Vermont do have the ability to amend their charters, but legislation may also be an option. all charter amendments must be approved by the city’s voters as well as the state’s General Assembly (§ 2645). It is possible for a city to amend its charter through this process to lower the voting age, because the state’s election code says that charter provisions shall apply over state law when they provide for election procedures different than those outlined in the state laws (§ 2631).

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 29 WYOMING Statute on state election law’s applicability to local elections prevents cities from lowering local voting age.

Wyoming’s Constitution phrases the voting age requirement as a grant, but the state election code’s provisions on qualifications to register to vote is unclear (22-3-102). Regardless, the state election code does state that “a municipal election shall be governed by laws regulating statewide elections” (22-23-101). So, for a city in Wyoming to lower its voting age, that provision would have to be changed to give cities control over the regulation of their elections, and the registration qualification statute may need to be changed as well. Statewide or city-specific enabling legislation may also be an option.

WASHINGTON State legislation would need to affirm that home rule powers extend to the issue of the local voting age.

The Washington constitution arguably frames voting as a right to those 18 and over, rather than a prohibition on those under 18. However, certain case law suggests that age is a minimum qualification, and the state registration statute indicates that registration is allowed only for those 18 or over. Washington’s home rule provisions permit municipal autonomy, but only to the extent that the legislature has not adopted “a law concerning [that] particular interest.” In the case of voting age, municipal efforts to lower the voting age would likely be found to conflict with the state registration statute, unless it can be shown that the registration statute itself is inconsistent with the constitutional language. State legislation would need to affirm that home rule authority extends to the issue of the local voting age and does not conflict with the registration statue.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 30 legislation may be a possibility, but this is unlikely due to STATE CONSTITUTION the constitutional provision. Constitutional amendments must be approved by two-thirds of each House, and then PREVENTS CITIES approved by the state’s voters. FROM LOWERING TEXAS LOCAL VOTING AGE State Constitution specifically prohibits voting by those under 18. In these states, an aspect of the state Constitution prevents cities from taking action to lower the voting age The Texas Constitution and election code both clearly on the local level. Advocacy in these states would have restrict voting to only those over 18 years of age. to focus on a state constitutional amendment, which Advocacy efforts in Texas would have to start with an would be rather unlikely. In most states, constitutional amendment to the state constitution, which is rather amendments must be approved by two thirds of each unlikely. Two-thirds of each House must approve of House and by the state’s voters. the amendment, and then it must be approved by the state’s voters. ALABAMA State Constitution does not provide for any degree of VIRGINIA home rule. State Constitution specifically prohibits voting by those under 18, and does not provide for home rule. Alabama’s Constitution phrases the voting age provision as a grant, and the statute simply refers The Virginia Constitution phrases its voting age to the Constitution. However, Alabama does not give provision as “Each voter shall be [...] eighteen years of its municipalities any degree of home rule. The state age” (Article 2 Section 1). This phrase clearly restricts legislature can pass “local acts” that apply to one voting to those over the age of 18, so advocacy efforts municipality. Home rule would have to be provided in Virginia would have to start with an amendment to through an amendment to the Constitution, which is the Constitution to change this provision. In addition, unlikely. Individual cities could advocate for “local acts” Virginia does not offer home rule to its municipalities, allowing them to lower the voting ages, but these acts which makes lowering the voting age in cities in Virginia still have to be passed as constitutional amendments. especially unlikely.

ARIZONA WEST VIRGINIA State Constitution specifically prohibits voting by those State Constitution specifically prohibits voting by those under 18. under 18, and does not provide for home rule.

The Arizona Constitution and election code both West Virginia’s Constitution and election code both clearly restrict voting to only those over 18 years of clearly restrict voting to only those over 18 years of age age. Advocacy efforts in Arizona would have to start (Const. Art 4 § 1 and WV Code § 3-1-3). Advocacy efforts with an amendment to the state constitution, which is in West Virginia would have to start with an amendment rather unlikely. A majority of each House must approve to the state constitution, which is rather unlikely. Two- the amendment, and then it must be approved by the thirds of each House must approve of the amendment, state’s voters. and then it must be approved by the state’s voters.

SOUTH CAROLINA State Constitution prohibits municipalities from enacting provisions related to elections.

South Carolina’s Constitution and election statutes grant the right to vote to those over 18 and do not specifically prohibit those under 18 from voting (Const. Art. 2 § 4 and S.C. Code Ann. § 7-5-610). But, while the Constitution allows municipalities to adopt home rule charters, it specifically prohibits them from enacting provisions related to “election and suffrage qualifications” (Art. 8 § 14). City-specific enabling

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 31 APPENDIX C

ORGANIZATIONS AND STAKEHOLDERS SUPPORTING THIS EFFORT

Several groups and individual leaders have supported efforts to lower the voting age. They include:

The Center for Information and Research on Civic Learning and Engagement (CIRCLE) —— Conducts research on youth voting and civic engagement

FairVote —— Researches & promotes many election reforms —— Supported the successful efforts in Maryland

National Youth Rights Association —— Advocates for several youth rights issues, including lowering the voting age

Generation Citizen Funders Collaborative for Youth Organizing Academics and researchers, including: —— Peter Levine, Tufts University —— Daniel Hart, Rutgers University —— James Youniss, Catholic University —— Robert Atkins, Rutgers University —— Conne Flanagan, University of Wisconsin —— Parissa Ballard, University of California- Berkeley —— Felton Earls, Harvard University —— William Damon, Stanford University —— Joshua Douglas, University of Kentucky College of Law —— Vivian Hamilton, William & Mary Law School

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 32 APPENDIX D

VOTE16USA YOUTH ADVISORY BOARD

Summary:

This Youth Advisory Board brings together young people from around the country who are currently working to lower the voting age in their respective cities, or who have been involved in previous local campaigns. Board members help guide Vote16USA efforts and ensure that young voices remain at the center of the campaign. This Board will grow and change as Vote16USA evolves and new campaigns emerge around the country. We are in the process of adding members from emerging campaign, and will have an updated roster on Vote16USA.org in February 2017.

Current Vote16USA Youth Advisory Board Roster:

—— Brandon Klugman, Vote16USA Campaign —— Hannah Sun – Denver, CO Coordinator —— Jill Wu – San Francisco, CA —— Anna Bernick – San Francisco, CA —— Oliver York – San Francisco, CA —— Joshua Cardenas – San Francisco, CA —— Vivekae Kim – Chicago, IL —— Anna He – San Francisco, CA —— Carlie Hansen – Chicago, IL —— Joseph Jackson – Richmond, CA

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 33 ENDNOTES

1. “Americans know surprisingly little about their government, survey finds,” Leonore Annenberg Institute for Civics of the Annenberg Public Policy Center at the University of Pennsylvania,” (September 17, 2014).

2. David E. Campbell, “Vote Early, Vote Often: The Role of Schools in Creating Civic Norms,” Education Next 5.3 (2005).

3. Mike Maciag, “Voter Turnout Plummeting in Local Elections,” Governing (Washington, D.C.), Oct. 2014. http://www. governing.com/topics/politics/gov-voter-turnout-municipal-elections.html

4. Eric Plutzer, “Becoming a Habitual Voter: Inertia, Resources, and Growth in Young Adulthood,” American Political Science Review 96.1 (March 2002): 42.

5. J.B. Wogan, “Takoma Park Sees High Turnout Among Teens After Election Reform,” Governing (Washington, D.C.), Nov. 7, 2013. http://www.governing.com/news/headlines/gov-maryland-city-sees-high-turnout-among-teens-after- election-reform.html.

6. Eva Zeglovits and Julian Aichholzer, “Are People More Inclined to Vote at 16 than at 18? Evidence for the First-Time Voting Boost Among 16- to 25-Year-Olds in Austria,” Journal of Elections, Public Opinion and Parties 24.3 (January 8, 2014): 359.

7. Johannes Bergh, “Does voting rights affect the political maturity of 16- and 17-year-olds? Findings from the 2011 Norwegian voting-age trial,” Electoral Studies 92 (2013): 92.

8. Gerber, Alan S., Donald P. Green, and Ron Shachar. “Voting May Be Habit-Forming: Evidence from a Randomized Field Experiment.” American Journal of Political Science 47, no. 3 (2003): 540-50.

9. Kei Kawashima-Ginsberg, Voter Registration among Young People in Midterm Elections, (Medford, MA: Center for Information and Research on Civic Learning and Engagement, 2014.)

10. Yosef Bhatti and Kasper M. Hansen, “Leaving the Nest and the Social Act of Voting: Turnout among First-Time Voters,” Journal of Elections, Public Opinion and Parties 22.4 (Nov. 2012): 382.

11. Corporation for National and Community Service, “Youth Helping America: The Role of Social Institutions in Teen Volunteering,” (November 2005).

12. Daniel Hart and Robert Atkins, “American Sixteen- and Seventeen-Year- Olds Are Ready to Vote,” Annals of the American Academy 633 (January 2011): 208.

13. Yosef Bhatti and Kasper M. Hansen, “Leaving the Nest and the Social Act of Voting: Turnout among First-Time Voters,” Journal of Elections, Public Opinion and Parties 22.4 (Nov. 2012): 382.

14. Laurence Steinberg, “Why 16-year-olds should get to vote,” Chicago Tribune, November 5, 2014, http://www. chicagotribune.com/news/opinion/commentary/ct-voters-sixteen-allowed-science-perspec-1106-20141105-story. html.

15. Hart and Atkins.

16. Corporation for National and Community Service, “Youth Helping America: The Role of Social Institutions in Teen Volunteering,” (November 2005).

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 34 ENDNOTES

17. Pew Research Center, “Millennials in Adulthood,” (March 7, 2014).

18. Eli Il Yong Lee and Sandra Wechsler, “Now or Never: The Fight For the Millennial Generation,” Funders’ Collaborative on Youth Organizing,” (2015).

19. Jan Eichorn, How lowering the voting age to 16 can be an opportunity to improve youth political engagement: Lessons learned from the Scottish Independence Referendum, (Edinburgh, Scotland: d|part - Think Tank for Political Participation, 2014.)

20. Wogan

21. Zeglovits and Aichholzer, 359.

22. Ibid, 354.

23. Bergh, 92.

24. The Electoral Commission, “Scottish Independence Referendum Report on the referendum held on 18 September 2014,” (December 2014).

25. “Young People Could Have Stopped Brexit.” Generation Citizen (blog). June 28, 2016. http://generationcitizen.org/ young-people-could-have-stopped-brexit/

26. Maryland is unique among all states in the fact that it lets city councils change local election laws without a voter referendum.

27. Day v. Robinwood West Community Improvement Dist. 2010, 693 F. Supp. 2d 996. E.D. Mo.

Young Voices at the Ballot Box: Advancing Efforts to Lower the Voting Age 35